Herisan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Temporary Skill Shortage (Class GK) visa (Subclass 482), medium-term stream, for the occupation of Accountant (General). The applicant's nomination for this visa had previously been refused by the Department. The applicant sought review of this refusal.

The primary legal issue before the Tribunal was whether to affirm the Department's decision not to approve the nomination application, particularly in light of the applicant's failure to appear at a scheduled hearing and the submission of a medical certificate. The Tribunal was required to determine if it should grant a further adjournment or proceed with a decision based on the available evidence and the applicant's non-appearance.

The Tribunal reasoned that a key requirement for the visa, namely an approved nomination, was not met. Despite the applicant's request for additional time to secure a new sponsorship and nomination from a different company, and the submission of a medical certificate on the morning of the hearing, the Tribunal found the medical certificate lacked sufficient detail regarding the applicant's condition or inability to attend the video hearing. Citing relevant case law, including *Huo v Minister for Immigration and Multicultural Affairs*, *Manna v Minister for Immigration and Citizenship*, *Minister for Immigration and Citizenship v Li*, *Minister for Immigration and Border Protection v Singh*, and *Kaur v Minister for Immigration and Border Protection*, the Tribunal concluded it was not required to indefinitely defer its decision-making process and that the request for adjournment was not reasonable in the circumstances.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.